Bonham v. Russell et al, No. 7:2014cv00460 - Document 16 (W.D. Va. 2014)
Court Description: OPINION. Signed by Judge James P. Jones on 09/24/2014. (kab)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DAVID JOEL BONHAM, Plaintiff, Civil Action No. 7:14-cv-00460 v. MEMORANDUM OPINION MR. BOBBY RUSSELL, ET AL., Defendants. By: James P. Jones United States District Judge David Joel Bonham, proceeding pro se, filed a civil rights complaint, pursuant to 42 U.S.C. ยง 1983, while incarcerated. By its Order entered August 28, 2014, the court advised plaintiff that a failure to update a mailing address after a transfer or release from incarceration will result in dismissal of this action. The court s mail to plaintiff has been returned as undeliverable, and plaintiff has not contacted the court since September 9, 2014. Plaintiff failed to comply with the court s Order requiring plaintiff to maintain an accurate mailing address. Therefore, the court finds that plaintiff failed to prosecute this action, pursuant to Federal Rule of Civil Procedure 41(b), by not complying with the court s September 28, 2014, Order. Accordingly, I dismiss the action without prejudice and deny all pending motions as moot. See Ballard v. Carlson, 882 F.2d 93, 96 (4th Cir. 1989) (stating pro se litigants are subject to time requirements and respect for court orders and dismissal is an appropriate sanction for non-compliance); Donnelly v. Johns-Manville Sales Corp., 677 F.2d 339, 340-41 (3d Cir. 1982) (recognizing a district court may sua sponte dismiss an action pursuant to Fed. R. Civ. P. 41(b)). The Clerk is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTER: September 24, 2014 /s/ James P. Jones United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DAVID JOEL BONHAM, Plaintiff, Civil Action No. 7:14-cv-00460 v. ORDER MR. BOBBY RUSSELL, ET AL., Defendants. By: James P. Jones United States District Judge In accordance with the written Memorandum Opinion entered this day, it is hereby ORDERED that this action is DISMISSED without prejudice, pursuant to Fed. R. Civ. P. 41(b); all pending motions are DENIED as moot; and the action is STRICKEN from the active docket of the court. The Clerk is directed to send copies of this Order and the accompanying Memorandum Opinion to the parties. ENTER: September 24, 2014 /s/ James P. Jones United States District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
